Resource: Filiación Homoparental: Necesidad de su Reconocimiento en el Ordenamiento Jurídico Chileno a la Luz de los Derechos Humanos

By: Ignacio Alberdi Soto & Javiera Paz Mardones Krsulovic

January 1, 2016

Universidad de Chile

Given the substantial variation suffered by family law in recent years, in response to protected legal assets and the incorporation of new family arrangements, the authors seek discover and illustrate the conception received by our legal reality regarding gender and sexuality, arguing that family law, and especially the Chilean filial status of the kinship, they maintain a strong "heteronormative" conception, establishing the heterosexuality as the only valid model for the full development of sexuality and kinship.n This work argues that homoparental families in fact, both lesbian couples and homosexuals who wish to have children, live in a socio-cultural and legal situation of check out, invisibility and discrimination. The authors argue that the existing fundamentals and the current regulations on filiative matters manifest arbitrary discrimination based on the sexual orientation, which violates not only against the right to equality and non-discrimination, but also with the right to free development of the personality and sexuality of each individual, and the right to form a family, necessary conditions for the recognition of people's dignity gays and lesbians.